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Act and CrimeThe Philosophy of Action and its Implications for Criminal Law

Act and Crime: The Philosophy of Action and its Implications for Criminal Law

Michael S. Moore

Published in print:
2010
Published Online:
September 2010
ISBN:
9780199599509
eISBN:
9780191594656
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199599509.001.0001
Subject:
Law, Philosophy of Law, Constitutional and Administrative Law

This book seeks illumination of three aspects of Anglo-American criminal law by the philosophy of action. These are, first, the general requirement that an accused perform some voluntary act before ... More

Allowing for ExceptionsA Theory of Defences and Defeasibility in Law

Allowing for Exceptions: A Theory of Defences and Defeasibility in Law

Luís Duarte d'Almeida

Published in print:
2015
Published Online:
May 2015
ISBN:
9780199685783
eISBN:
9780191765766
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199685783.001.0001
Subject:
Law, Philosophy of Law, Constitutional and Administrative Law

You find yourself in a court of law, accused of having hit someone. What can you say to avoid conviction? One thing you can do is simply to deny the accusation: ‘No’, you claim, ‘I didn’t do it.’ But ... More

Common Law and Modern SocietyKeeping Pace with Change

Common Law and Modern Society: Keeping Pace with Change

Mary Arden

Published in print:
2015
Published Online:
March 2016
ISBN:
9780198755845
eISBN:
9780191816970
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198755845.001.0001
Subject:
Law, Constitutional and Administrative Law, Philosophy of Law

Law is a lasting social institution but it must also be open to change. While Volume I looked at human rights and European law, the focus here is on how the law operates within England and Wales. ... More

The Constitutional State

The Constitutional State

Nick Barber

Published in print:
2010
Published Online:
January 2011
ISBN:
9780199585014
eISBN:
9780191595318
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199585014.001.0001
Subject:
Law, Philosophy of Law, Constitutional and Administrative Law

This book provides an original analytical account of the state and its associated constitutional phenomena. It presents the state as a form of social group, consisting of people, territory, and ... More

The Constitutional Structure of Proportionality

The Constitutional Structure of Proportionality

Matthias Klatt and Moritz Meister

Published in print:
2012
Published Online:
September 2012
ISBN:
9780199662463
eISBN:
9780191743405
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199662463.001.0001
Subject:
Law, Constitutional and Administrative Law, Philosophy of Law

As constitutional law is being globalized, the quest for a common grammar or ‘generic constitutional law’ becomes more pressing. That proportionality may be one element of such common grammar is both ... More

Democracy's GuardiansA History of the German Federal Constitutional Court, 1951–2001

Democracy's Guardians: A History of the German Federal Constitutional Court, 1951–2001

Justin Collings

Published in print:
2015
Published Online:
October 2015
ISBN:
9780198753377
eISBN:
9780191815003
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198753377.001.0001
Subject:
Law, Constitutional and Administrative Law, Philosophy of Law

The German Federal Constitutional Court stands virtually unchallenged as the most trusted-by some accounts the most influential-institution of the German state. How has this happened? Why do so few ... More

Fault Lines of GlobalizationLegal Order and the Politics of A-Legality

Fault Lines of Globalization: Legal Order and the Politics of A-Legality

Hans Lindahl

Published in print:
2013
Published Online:
January 2014
ISBN:
9780199601684
eISBN:
9780191747649
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199601684.001.0001
Subject:
Law, Philosophy of Law, Constitutional and Administrative Law

The question whether and how boundaries might individuate legal orders and in this way be constitutive features thereof has yet to be addressed in a systematic and comprehensive manner by legal and ... More

Legal RepublicanismNational and International Perspectives

Legal Republicanism: National and International Perspectives

Samantha Besson and José Luis Martí (eds)

Published in print:
2009
Published Online:
May 2009
ISBN:
9780199559169
eISBN:
9780191720956
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199559169.001.1
Subject:
Law, Philosophy of Law, Constitutional and Administrative Law

Interest in republicanism as a political theory has burgeoned in recent years, but its implications for the understanding of law have remained largely unexplored. This book offers a critical survey ... More

The Nature of Legislative Intent

The Nature of Legislative Intent

Richard Ekins

Published in print:
2012
Published Online:
January 2013
ISBN:
9780199646999
eISBN:
9780191741159
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199646999.001.0001
Subject:
Law, Philosophy of Law, Constitutional and Administrative Law

Is legislative intent a fiction? The legislative assembly is a large, diverse group rather than a single person and it seems a mystery how the intentions of the individual legislators might somehow ... More

The Paradox of ConstitutionalismConstituent Power and Constitutional Form

The Paradox of Constitutionalism: Constituent Power and Constitutional Form

Martin Loughlin and Neil Walker (eds)

Published in print:
2008
Published Online:
January 2009
ISBN:
9780199552207
eISBN:
9780191709654
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199552207.001.0001
Subject:
Law, Philosophy of Law, Constitutional and Administrative Law

This book examines some of the key features of what may be called the paradox of constitutionalism: whether those who have the authority to make a constitution — the ‘constitutive power’ — can do so ... More

Philosophical Foundations of Constitutional Law

Philosophical Foundations of Constitutional Law

David Dyzenhaus and Malcolm Thorburn (eds)

Published in print:
2016
Published Online:
April 2016
ISBN:
9780198754527
eISBN:
9780191816161
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198754527.001.0001
Subject:
Law, Philosophy of Law, Constitutional and Administrative Law

Constitutional law has been and remains an area of intense philosophical interest, and yet the debate has taken place in a variety of different fields with very little to connect them. In a ... More

Private Law and the Rule of Law

Private Law and the Rule of Law

Lisa M Austin and Dennis Klimchuk (eds)

Published in print:
2014
Published Online:
March 2015
ISBN:
9780198729327
eISBN:
9780191796265
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198729327.001.0001
Subject:
Law, Philosophy of Law, Constitutional and Administrative Law

Notwithstanding deep points of disagreement, there is a general—albeit largely implicit—consensus among theorists of the rule of law around what we call the public law presumption: the view that the ... More

Realms of Legal InterpretationCore Elements and Critical Variations

Realms of Legal Interpretation: Core Elements and Critical Variations

Kent Greenawalt

Published in print:
2018
Published Online:
August 2018
ISBN:
9780190882860
eISBN:
9780190902346
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780190882860.001.0001
Subject:
Law, Constitutional and Administrative Law, Philosophy of Law

Legal norms may forbid, require, or authorize a particular form of behavior. The law of contracts, for example, informs people how to enter into agreements that will bind both sides, and from this we ... More

Sharī‘a and Muslim MinoritiesThe wasati and salafi approaches to fiqh al-aqalliyyat al-Muslima

Sharī‘a and Muslim Minorities: The wasati and salafi approaches to fiqh al-aqalliyyat al-Muslima

Uriya Shavit

Published in print:
2015
Published Online:
December 2015
ISBN:
9780198757238
eISBN:
9780191817168
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198757238.001.0001
Subject:
Law, Philosophy of Law, Constitutional and Administrative Law

Based on a study of thousands of religious decisions (fatwas) and juristic treatises, the book examines the ideologies and methodologies of two contesting approaches to the religious law of Muslim ... More

Sovereignty and the LawDomestic, European and International Perspectives

Sovereignty and the Law: Domestic, European and International Perspectives

Richard Rawlings, Peter Leyland, and Alison Young (eds)

Published in print:
2013
Published Online:
January 2014
ISBN:
9780199684069
eISBN:
9780191765865
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199684069.001.0001
Subject:
Law, Constitutional and Administrative Law, Philosophy of Law

Sovereignty is a topic which is both of enduring interest and often hotly contested in the literature. This collection of essays builds on contemporary debates by taking up and exploring the ... More

The Sovereignty of LawFreedom, Constitution and Common Law

The Sovereignty of Law: Freedom, Constitution and Common Law

T.R.S. Allan

Published in print:
2013
Published Online:
September 2013
ISBN:
9780199685066
eISBN:
9780191765353
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199685066.001.0001
Subject:
Law, Constitutional and Administrative Law, Philosophy of Law

This book presents the author's most recent defence of common law constitutionalism — an account of the unwritten or non-codified constitution as a complex articulation of legal and moral principles, ... More

Sovereignty's PromiseThe State as Fiduciary

Sovereignty's Promise: The State as Fiduciary

Evan Fox-Decent

Published in print:
2011
Published Online:
January 2012
ISBN:
9780199698318
eISBN:
9780191732171
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199698318.001.0001
Subject:
Law, Constitutional and Administrative Law, Philosophy of Law

Political theory is concerned with the justification and limits of state power. Its questions include: Can states legitimately direct and coerce nonconsenting subjects? If they can, what limits, if ... More

A Theory of Discrimination Law

A Theory of Discrimination Law

Tarunabh Khaitan

Published in print:
2015
Published Online:
August 2015
ISBN:
9780199656967
eISBN:
9780191748080
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199656967.001.0001
Subject:
Law, Philosophy of Law, Constitutional and Administrative Law

Most laypersons think of discrimination as an act motivated by prejudice against a minority group. The law, in most cases, prohibits as discriminatory a much broader category of actions. It also ... More

The Three BranchesA Comparative Model of Separation of Powers

The Three Branches: A Comparative Model of Separation of Powers

Christoph Moellers

Published in print:
2013
Published Online:
May 2013
ISBN:
9780199602117
eISBN:
9780191747663
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199602117.001.0001
Subject:
Law, Constitutional and Administrative Law, Philosophy of Law

The idea of the separation of powers is still popular in much political and constitutional discourse, though its meaning for the modern state remains unclear and contested. This book develops ... More

Well-Being and Fair DistributionBeyond Cost-Benefit Analysis

Well-Being and Fair Distribution: Beyond Cost-Benefit Analysis

Matthew Adler

Published in print:
2011
Published Online:
January 2012
ISBN:
9780195384994
eISBN:
9780199918348
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195384994.001.0001
Subject:
Law, Philosophy of Law, Constitutional and Administrative Law

This book addresses a range of relevant theoretical issues, including the possibility of an interpersonally comparable measure of well-being, or “utility” metric; the moral value of equality, and how ... More

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